Senate Bill sb2582

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    Florida Senate - 2006                                  SB 2582

    By Senator Bennett





    21-1280-06

  1                      A bill to be entitled

  2         An act relating to the Community Redevelopment

  3         Act of 1969; amending s. 163.340, F.S.;

  4         revising and adding new definitions; amending

  5         s. 163.345, F.S.; providing for encouragement

  6         of private enterprise by a community

  7         redevelopment agency; amending s. 163.346,

  8         F.S.; revising provisions governing notice to

  9         taxing authorities concerning the creation and

10         operation of a redevelopment agency or issuance

11         of bonds; amending s. 163.350, F.S.;

12         transferring certain responsibilities

13         concerning formation of a program to minimize

14         slums or blight from a county or municipality

15         to a redevelopment agency; amending s. 163.355,

16         F.S.; requiring that a county or municipality

17         make a finding of necessity prior to the

18         exercise of certain powers by a redevelopment

19         agency; amending s. 163.356, F.S.; authorizing

20         the creation of one or more redevelopment

21         agencies by a county or municipality; removing

22         a provision requiring a resolution before a

23         redevelopment agency created by a county may

24         exercise power in a municipality; providing for

25         creation and designation of certain officers of

26         a redevelopment agency by resolution; providing

27         for appointments to the board of commissioners

28         of a redevelopment agency; revising provisions

29         governing reporting requirements for certain

30         agencies authorized to transact business or

31         exercise powers concerning community

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 1         redevelopment; authorizing the governing body

 2         to fund the operations and undertakings of a

 3         redevelopment agency and removing the authority

 4         of such body to fund administrative expenses

 5         and overhead of such an agency; providing for

 6         creation of an advisory board for a

 7         redevelopment agency; clarifying independent

 8         legal status of a  redevelopment agency;

 9         requiring a redevelopment agency to adopt

10         bylaws; amending s. 163.357, F.S.; revising

11         provisions authorizing a governing body to

12         become and operate as a redevelopment agency;

13         amending s. 163.358, F.S.; removing eminent

14         domain from a list of powers available to a

15         redevelopment agency; amending s. 163.360,

16         F.S.; revising provisions concerning review,

17         notice, and adoption of a community

18         redevelopment plan; amending s. 163.361, F.S.;

19         revising provisions governing modification of a

20         redevelopment plan; amending s. 163.362, F.S.;

21         revising provisions specifying the required

22         contents of a redevelopment plan; clarifying

23         relocation requirements; removing the

24         requirement for an element of residential use

25         in the redevelopment area for certain plans;

26         limiting and clarifying the costs that must be

27         stated; removing a requirement to provide a

28         time certain for completion of redevelopment

29         funded by tax increment revenues; requiring

30         provision of a time certain for annual payment

31         of increment revenues by a taxing authority;

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    Florida Senate - 2006                                  SB 2582
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 1         amending s. 163.365, F.S.; revising

 2         requirements governing development, adoption,

 3         and contents of a neighborhood and

 4         communitywide plan; authorizing preparation of

 5         a redevelopment plan by a redevelopment agency;

 6         removing provisions concerning general planning

 7         and appropriation authority of a county or

 8         municipality; amending s. 163.367, F.S.;

 9         authorizing an officer of a redevelopment

10         agency to hold another county or municipal

11         office under specified conditions; amending s.

12         163.370, F.S.; granting certain powers to a

13         redevelopment agency; revising provisions

14         granting powers to counties and municipalities;

15         authorizing a county, municipality, or

16         redevelopment agency to exercise powers granted

17         by certain other laws to a county,

18         municipality, or redevelopment agency;

19         authorizing a county, municipality, or

20         redevelopment agency to disseminate certain

21         promotional information; requiring such

22         entities to conform to a specified law when

23         disposing of property in a redevelopment area;

24         removing a constraint on the acquisition of

25         certain personal property by such entities;

26         removing constraints on powers of such entities

27         regarding certain surveys, plans, or

28         administrative efforts; revising provisions

29         limiting the use of increment revenues for

30         certain capital improvement projects or

31         government operating expenses; revising

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 1         provisions governing the acquisition of real

 2         property by a redevelopment agency prior to

 3         approval of a redevelopment plan; amending s.

 4         163.375, F.S.; removing provisions granting

 5         eminent domain authority to a county or

 6         municipality for certain purposes relating to

 7         community redevelopment; revising provisions by

 8         which a county or municipality may authorize a

 9         redevelopment agency to exercise the power of

10         eminent domain for certain purposes relating to

11         community redevelopment; amending s. 163.380,

12         F.S.; revising requirements governing

13         disposition or use of property acquired for

14         community redevelopment; removing authorization

15         for certain decisions by a county or

16         municipality regarding the disposition or use

17         of such property; authorizing a redevelopment

18         agency to include provisions concerning blight

19         in a contract governing the use of such

20         property; removing a requirement for approval

21         by a governing body after a public hearing

22         prior to disposition of such property for less

23         than fair value; removing requirements that a

24         county or municipality, in addition to a

25         redevelopment agency, expedite transfer of or

26         provide public notice regarding the disposition

27         of certain land; revising requirements for

28         provision of public notice, solicitation,

29         review, and acceptance of redevelopment

30         proposals prior to disposition of certain land;

31         amending s. 163.387, F.S.; revising provisions

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 1         governing establishment of a redevelopment

 2         trust fund and use of tax increment revenues;

 3         authorizing establishment of a redevelopment

 4         trust fund; prohibiting use of increment

 5         revenues by a redevelopment agency unless the

 6         trust fund is established and funding is

 7         provided; revising criteria governing the

 8         amount of the annual contribution by a taxing

 9         authority to the redevelopment trust fund, the

10         period that such annual contribution must

11         continue, and the penalty should such

12         contribution not be timely made; transferring

13         from a local governing body to a redevelopment

14         agency authority concerning an exemption of

15         certain special districts from the requirement

16         to make such annual contributions; revising

17         provisions governing such exemptions; revising

18         provisions governing the duration of the

19         requirement for an annual contribution of tax

20         increment revenues; removing provisions

21         governing permissible expenditures and auditing

22         of redevelopment trust fund moneys; amending s.

23         163.395, F.S.; removing provisions exempting

24         the property of a county or municipality from

25         levy or sale pursuant to execution or from a

26         charge or lien pursuant to a judgment; removing

27         provisions exempting property acquired or held

28         by a county or municipality for certain

29         community redevelopment purposes from taxation

30         by the county or municipality; exempting

31         property held by a community redevelopment

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 1         agency from taxation by a special district;

 2         amending s. 163.400, F.S.; including

 3         redevelopment agencies in provisions governing

 4         cooperation by public bodies; including

 5         purposes relating to the activities of a

 6         redevelopment agency within the purposes for

 7         which a county or municipality may issue

 8         general obligation bonds; amending s. 163.410,

 9         F.S.; revising provisions governing delegation

10         of powers to a municipality by certain charter

11         counties; amending s. 163.415, F.S.; requiring

12         municipal consent prior to the exercise of

13         powers by a county within a municipality;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsections (2), (8), (11), (12), (17), and

19  (22) of section 163.340, Florida Statutes, are amended, and

20  subsections (24) and (25) are added to that section, to read:

21         163.340  Definitions.--The following terms, wherever

22  used or referred to in this part, have the following meanings:

23         (2)  "Public body" or "taxing authority" means a the

24  state or any county, municipality, authority, special district

25  as defined in s. 165.031(5), or other public body or

26  governmental entity in of the state, except a school district.

27         (3)  "Governing body" means the elected council,

28  commission, or other legislative body charged with governing a

29  the county or municipality which made the finding under s.

30  163.355 and created or designated the agency.

31  

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 1         (8)  "Blighted area" or "area in need of redevelopment"

 2  means an area in which there are a substantial number of

 3  deteriorated, or deteriorating structures, in which

 4  conditions, as indicated by government-maintained statistics

 5  or other studies, are leading to economic distress or endanger

 6  life or property, and in which two or more of the following

 7  factors are present:

 8         (a)  Predominance of defective or inadequate street

 9  layout, parking facilities, roadways, bridges, or public

10  transportation facilities;

11         (b)  Aggregate assessed values of real property in the

12  area for ad valorem tax purposes have failed to show any

13  appreciable increase over the 5 years prior to the finding of

14  such conditions;

15         (c)  Faulty lot layout in relation to size, adequacy,

16  accessibility, or usefulness;

17         (d)  Unsanitary or unsafe conditions;

18         (e)  Deterioration of site or other improvements;

19         (f)  Inadequate and outdated building density patterns;

20         (g)  Falling lease rates per square foot of office,

21  commercial, or industrial space compared to the remainder of

22  the county or municipality;

23         (h)  Tax or special assessment delinquency exceeding

24  the fair value of the land;

25         (i)  Residential and commercial vacancy rates higher in

26  the area than in the remainder of the county or municipality;

27         (j)  Incidence of crime in the area higher than in the

28  remainder of the county or municipality;

29         (k)  Fire and emergency medical service calls to the

30  area proportionately higher than in the remainder of the

31  county or municipality;

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 1         (l)  A greater number of violations of the Florida

 2  Building Code in the area than the number of violations

 3  recorded in the remainder of the county or municipality;

 4         (m)  Diversity of ownership or defective or unusual

 5  conditions of title which prevent the free alienability of

 6  land within the deteriorated or hazardous area; or

 7         (n)  Governmentally owned property with adverse

 8  environmental conditions caused by a public or private entity.

 9  

10  However, the term "blighted area" also means any area in which

11  at least one of the factors identified in paragraphs (a)

12  through (n) are present and all taxing authorities subject to

13  s. 163.387(2)(a) agree, either by interlocal agreement or

14  agreements with the agency or by resolution, that the area is

15  blighted. Such agreement or resolution shall only determine

16  that the area is blighted. For purposes of qualifying for the

17  tax credits authorized in chapter 220, "blighted area" means

18  an area as defined in this subsection.

19         (11)  "Community redevelopment plan" means a plan, as

20  it exists from time to time, for the redevelopment of a

21  community redevelopment area.

22         (12)  "Related activities" means:

23         (a)  Planning work for the preparation of a general

24  neighborhood redevelopment plan or for the preparation or

25  completion of a communitywide plan or program pursuant to s.

26  163.365.

27         (b)  The functions related to the acquisition and

28  disposal of real property pursuant to s. 163.370(3).

29         (c)  The development of affordable housing for

30  residents of the area.

31         (d)  The development of community policing innovations.

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 1         (e)  The marketing and promotion of the community

 2  redevelopment area.

 3         (17)  "Area of operation" means, for a county, the area

 4  within the boundaries of the county, the area within the

 5  boundaries of the county which is designated as a community

 6  redevelopment area, and for a municipality, the area within

 7  the corporate limits of the municipality which is designated

 8  as a community redevelopment area.

 9         (22)  "Increment revenue" means the amount calculated

10  pursuant to s. 163.387(1) which must, pursuant to s.

11  163.387(2), be appropriated or paid to a redevelopment fund by

12  each taxing authority.

13         (24)  "Taxing authority" means a public body that

14  levies an ad valorem tax on real property located in a

15  community redevelopment area.  The term excludes a public body

16  exempted pursuant to s. 163.387(2) from the obligation to

17  appropriate increment revenues to a redevelopment trust fund.

18         (25)  "Comprehensive plan" or "general plan" means the

19  comprehensive plan adopted by a governing body pursuant to

20  part II of this chapter and any amendments to the plan.

21         Section 2.  Subsection (1) of section 163.345, Florida

22  Statutes, is amended to read:

23         163.345  Encouragement of private enterprise.--

24         (1)  Any county, or municipality, or agency to the

25  greatest extent it determines to be feasible in carrying out

26  the provisions of this part, shall afford maximum opportunity,

27  consistent with the sound needs of the county or municipality

28  as a whole, to the rehabilitation or redevelopment of the

29  community redevelopment area by private enterprise. Any

30  county, or municipality, or agency shall give consideration to

31  this objective in exercising its powers under this part,

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 1  including the formulation of a workable program; the approval

 2  of community redevelopment plans, communitywide plans or

 3  programs for community redevelopment, and general neighborhood

 4  redevelopment plans (consistent with the comprehensive general

 5  plan of the county or municipality); the development and

 6  implementation of community policing innovations; the exercise

 7  of its zoning powers; the enforcement of other laws, codes,

 8  and regulations relating to the use of land and the use and

 9  occupancy of buildings and improvements; the development of

10  affordable housing; the disposition of any property acquired;

11  and the provision of necessary public improvements.

12         Section 3.  Section 163.346, Florida Statutes, is

13  amended to read:

14         163.346  Notice to taxing authorities.--Before the

15  governing body adopts any resolution or enacts any ordinance

16  required under s. 163.355, s. 163.356, s. 163.357, or s.

17  163.387; creates a community redevelopment agency; approves,

18  adopts, or amends a community redevelopment plan; or

19  authorizes or approves the issuance of issues redevelopment

20  revenue bonds under s. 163.385, the governing body must

21  provide public notice of such proposed action in accordance

22  with pursuant to s. 125.66(2) or s. 166.041(3)(a) and, at

23  least 15 days before such proposed action, mail by registered

24  or certified mail a notice to each taxing authority which

25  levies ad valorem taxes on taxable real property contained

26  within the geographic boundaries of the redevelopment area.

27         Section 4.  Section 163.350, Florida Statutes, is

28  amended to read:

29         163.350  Workable program.--Any agency county or

30  municipality for the purposes of this part may formulate for

31  the agency county or municipality a workable program for

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 1  utilizing appropriate private and public resources to

 2  eliminate and prevent the development or spread of slums or

 3  and urban blight, to encourage needed community

 4  rehabilitation, to provide for the redevelopment of slum or

 5  and blighted areas, to provide housing affordable to residents

 6  of low or moderate income, including the elderly, or to

 7  undertake such of the aforesaid activities or other feasible

 8  county or municipal activities as may be suitably employed to

 9  achieve the objectives of such workable program. Such workable

10  program may include provision for the prevention of the spread

11  of blight into areas of the county or municipality which are

12  free from blight through diligent enforcement of housing,

13  zoning, and occupancy controls and standards; the

14  rehabilitation or conservation of slum or and blighted areas

15  or portions thereof by replanning, removing congestion,

16  providing parks, playgrounds, and other public improvements,

17  encouraging voluntary rehabilitation, and compelling the

18  repair and rehabilitation of deteriorated or deteriorating

19  structures; the development of affordable housing; the

20  implementation of community policing innovations; and the

21  clearance and redevelopment of slum or and blighted areas or

22  portions thereof.

23         Section 5.  Section 163.355, Florida Statutes, is

24  amended to read:

25         163.355  Finding of necessity by county or

26  municipality.--No county, or municipality, or agency shall

27  exercise the powers community redevelopment authority

28  conferred by this part until after the governing body has

29  adopted a resolution, supported by data and analysis, which

30  makes a legislative finding that the conditions in the area

31  

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 1  meet the criteria described in s. 163.340(7) or (8). The

 2  resolution must state that:

 3         (1)  One or more slum or blighted areas, or one or more

 4  areas in which there is a shortage of housing affordable to

 5  residents of low or moderate income, including the elderly,

 6  exist in such county or municipality; and

 7         (2)  The rehabilitation, conservation, or

 8  redevelopment, or a combination thereof, of such area or

 9  areas, including, if appropriate, the development of housing

10  which residents of low or moderate income, including the

11  elderly, can afford, is necessary in the interest of the

12  public health, safety, morals, or welfare of the residents of

13  such county or municipality.

14         Section 6.  Section 163.356, Florida Statutes, is

15  amended to read:

16         163.356  Creation of community redevelopment agency.--

17         (1)  Upon a finding of necessity as set forth in s.

18  163.355, and upon a further finding that there is a need for a

19  community redevelopment agency to function in the county or

20  municipality to carry out the community redevelopment purposes

21  of this part, any county or municipality may create one or

22  more entities, each constituting a public body corporate and

23  politic to be known as a "community redevelopment agency." A

24  charter county having a population less than or equal to 1.6

25  million may create, by a vote of at least a majority plus one

26  of the entire governing body of the charter county, more than

27  one community redevelopment agency. Each such agency shall be

28  constituted as a public instrumentality, and the exercise by a

29  community redevelopment agency of the powers conferred by this

30  part shall be deemed and held to be the performance of an

31  essential public function. Community redevelopment agencies of

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 1  a county have the power to function within the corporate

 2  limits of a municipality only as, if, and when the governing

 3  body of the municipality has by resolution concurred in the

 4  community redevelopment plan or plans proposed by the

 5  governing body of the county.

 6         (2)  When the governing body adopts a resolution

 7  declaring the need for a community redevelopment agency, that

 8  body shall, by resolution ordinance, appoint a board of

 9  commissioners of the community redevelopment agency, which

10  shall consist of not fewer than five or more than nine

11  commissioners. The terms of office of the commissioners shall

12  be for 4 years, except that three of the members first

13  appointed shall be designated to serve terms of 1, 2, and 3

14  years, respectively, from the date of their appointments, and

15  all other members shall be designated to serve for terms of 4

16  years from the date of their appointments. A vacancy occurring

17  during a term shall be filled for the unexpired term. The

18  governing board shall, by resolution, appoint or reappoint

19  individuals to serve as commissioners of the agency upon the

20  expiration of any term of office of a member of the board of

21  commissioners of the agency.

22         (3)(a)  A commissioner shall receive no compensation

23  for services, but is entitled to the necessary expenses,

24  including travel expenses, incurred in the discharge of

25  duties.  Each commissioner shall hold office until his or her

26  successor has been appointed and has qualified.  A certificate

27  of the appointment or reappointment of any commissioner shall

28  be filed with the clerk of the county or municipality, and

29  such certificate is conclusive evidence of the due and proper

30  appointment of such commissioner.

31  

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 1         (b)  The powers of a community redevelopment agency

 2  shall be exercised by the commissioners thereof. A majority of

 3  the commissioners constitutes a quorum for the purpose of

 4  conducting business and exercising the powers of the agency

 5  and for all other purposes. Action may be taken by the agency

 6  upon a vote of a majority of the commissioners present, unless

 7  in any case the bylaws require a larger number. Any person may

 8  be appointed as commissioner if he or she resides or is

 9  engaged in business, which means owning a business, practicing

10  a profession, or performing a service for compensation, or

11  serving as an officer or director of a corporation or other

12  business entity so engaged, within the community redevelopment

13  area of operation of the agency, which shall be coterminous

14  with the area of operation of the county or municipality, and

15  is otherwise eligible for such appointment under this part.

16         (c)  The governing body of the county or municipality

17  shall, by resolution, designate a chair and vice chair from

18  among the commissioners.  An agency may employ an executive

19  director, technical experts, and such other agents and

20  employees, permanent and temporary, as it requires, and

21  determine their qualifications, duties, and compensation.  For

22  such legal service as it requires, an agency may employ or

23  retain its own counsel and legal staff.  An agency authorized

24  to transact business and exercise powers under this part shall

25  file with each taxing authority the governing body, on or

26  before March 31 of each year, a report of its activities for

27  the preceding fiscal year, which report shall include a

28  complete financial statement setting forth its assets,

29  liabilities, income, and operating expenses as of the end of

30  such fiscal year. At the time of filing the report, the agency

31  shall publish in a newspaper of general circulation in the

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 1  community redevelopment area of the agency a notice to the

 2  effect that such report has been filed with each taxing

 3  authority the county or municipality and that the report is

 4  available for inspection during business hours in the office

 5  of the clerk of the taxing authority city or county commission

 6  and in the office of the agency.

 7         (d)  At Any time after the creation of a community

 8  redevelopment agency, the governing body of the county or

 9  municipality may appropriate to the agency such amounts as the

10  governing body deems necessary for the operations and

11  undertakings administrative expenses and overhead of the

12  agency, including the development and implementation of

13  community policing innovations.

14         (e)  The governing body or the agency may create an

15  advisory board to the agency to assist the board of

16  commissioners of the agency as may be provided by resolution

17  of the governing body creating the advisory board or the

18  bylaws adopted by the agency.

19         (4)  The governing body may remove a commissioner for

20  inefficiency, neglect of duty, or misconduct in office only

21  after a hearing and only if he or she has been given a copy of

22  the charges at least 10 days prior to such hearing and has had

23  an opportunity to be heard in person or by counsel.

24         (5)  A community redevelopment agency is a separate and

25  distinct legal entity from the governing body and the taxing

26  authority.  Each community redevelopment agency shall adopt

27  bylaws providing for the organization and operation of the

28  agency.

29         Section 7.  Subsection (1) of section 163.357, Florida

30  Statutes, is amended to read:

31  

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 1         163.357  Governing body as the community redevelopment

 2  agency.--

 3         (1)(a)  As an alternative to the appointment of

 4  commissioners not fewer than five or more than seven members

 5  of the agency pursuant to s. 163.356, the governing body may,

 6  at the time of the adoption of a resolution under s. 163.355,

 7  or at any time thereafter by adoption of a resolution, declare

 8  the members of the governing body itself to be the board of

 9  commissioners of the an agency as an additional duty of

10  office, in which case all the rights, powers, duties,

11  privileges, and immunities vested by this part in an agency

12  will be vested in the members of the governing body

13  constituting the board of commissioners of the agency of the

14  county or municipality, subject to all responsibilities and

15  liabilities imposed or incurred.

16         (b)  The members of the governing body serving as the

17  board of commissioners of the agency shall be the members of

18  the agency, but such members constitute the head of a legal

19  entity, separate, distinct, and independent from the governing

20  body of the county or municipality.  If the governing body

21  declares itself to be the board of commissioners of the an

22  agency which already exists, the newly constituted board of

23  commissioners new agency is subject to all of the

24  responsibilities and liabilities imposed or incurred by the

25  prior board of commissioners existing agency.

26         (c)  A governing body that which consists of five

27  members may appoint two additional individuals persons to act

28  as members of the board of commissioners of the community

29  redevelopment agency. The terms of office of the additional

30  members shall be for 4 years, except that the first person

31  appointed shall initially serve a term of 2 years. Persons

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 1  appointed under this section are subject to the all provisions

 2  of s. 163.356 this part relating to appointed members of the

 3  board of commissioners of a community redevelopment agency.

 4         (d)  As provided in an interlocal agreement between the

 5  governing body and one or more taxing authorities, one or more

 6  members of the board of commissioners of an agency may be

 7  representatives of a taxing authority.

 8         Section 8.  Section 163.358, Florida Statutes, is

 9  amended to read:

10         163.358  Exercise of powers in carrying out community

11  redevelopment and related activities.--The community

12  redevelopment powers assigned to a community redevelopment

13  agency created under s. 163.356 or s. 163.357 include all the

14  powers necessary or convenient to carry out and effectuate the

15  purposes and provisions of this part, except the following,

16  which continue to vest in the governing body of the county or

17  municipality:

18         (1)  The power to determine an area to be a slum or

19  blighted area or an area in need of redevelopment, or

20  combination thereof; to designate such area as appropriate for

21  community redevelopment; and to hold any public hearings

22  required with respect thereto.

23         (2)  The power to grant final approval to community

24  redevelopment plans and modifications thereof.

25         (3)  The power to authorize the issuance of revenue

26  bonds as set forth in s. 163.385.

27         (4)  The power to approve the acquisition, demolition,

28  removal, or disposal of property as provided in s. 163.370(3)

29  and the power to assume the responsibility to bear loss as

30  provided in s. 163.370(3).

31  

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 1         (5)  The power to approve the development of community

 2  policing innovations.

 3         (6)  The power to authorize the exercise of eminent

 4  domain pursuant to s. 163.375.

 5         Section 9.  Section 163.360, Florida Statutes, is

 6  amended to read:

 7         163.360  Community redevelopment plans.--

 8         (1)  Community redevelopment in a community

 9  redevelopment area shall not be planned or initiated unless

10  the governing body has, by resolution, determined such area to

11  be a slum area, a blighted area, an area in need of

12  redevelopment, or an area in which there is a shortage of

13  housing affordable to residents of low or moderate income,

14  including the elderly, or a combination thereof, and

15  designated such area as appropriate for community

16  redevelopment.

17         (2)  The community redevelopment plan shall:

18         (a)  Conform to the comprehensive plan for the county

19  or municipality as prepared by the local planning agency under

20  the Local Government Comprehensive Planning and Land

21  Development Regulation Act.

22         (b)  Be sufficiently complete to indicate such land

23  acquisition, demolition and removal of structures,

24  redevelopment, improvements, and rehabilitation as may be

25  proposed to be carried out in the community redevelopment

26  area; zoning and planning changes, if any; land uses; maximum

27  densities; and building requirements.

28         (c)  Provide for the development of affordable housing

29  in the area, or state the reasons for not addressing in the

30  plan the development of affordable housing in the area. The

31  county, municipality, or community redevelopment agency shall

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 1  coordinate with each housing authority or other affordable

 2  housing entities functioning within the geographic boundaries

 3  of the redevelopment area, concerning the development of

 4  affordable housing in the area.

 5         (3)  The community redevelopment plan may provide for

 6  the development and implementation of community policing

 7  innovations.

 8         (4)  The county, municipality, or community

 9  redevelopment agency may itself prepare or cause to be

10  prepared a community redevelopment plan, or any person or

11  agency, public or private, may submit such a plan to a

12  community redevelopment agency.  Prior to its consideration of

13  a community redevelopment plan, the community redevelopment

14  agency shall submit such plan to the local planning agency of

15  the county or municipality that created the agency for review,

16  and recommendations, and comments as to its conformity with

17  the comprehensive plan for the development of the county or

18  municipality as a whole. The local planning agency shall

19  submit its written recommendations or comments with respect to

20  the conformity of the proposed community redevelopment plan to

21  the community redevelopment agency within 60 days after

22  receipt of the proposed plan for review. Upon receipt of the

23  recommendations or comments of the local planning agency, or,

24  if no recommendations or comments are received within such 60

25  days, then without such recommendations or comments, the

26  community redevelopment agency may proceed with its

27  consideration of the proposed community redevelopment plan.

28         (5)  The community redevelopment agency shall submit

29  any community redevelopment plan it recommends for approval,

30  together with its written recommendations, to the governing

31  body and to each taxing authority that levies ad valorem taxes

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 1  on taxable real property contained within the geographic

 2  boundaries of the redevelopment area. The governing body shall

 3  then proceed with the public hearing on the proposed community

 4  redevelopment plan as prescribed by subsection (6).

 5         (6)  The governing body shall hold a public hearing on

 6  a proposed community redevelopment plan after public notice

 7  thereof by publication in a newspaper having a general

 8  circulation in the community redevelopment area of operation

 9  of the county or municipality. The notice shall be published

10  at least 10 days before the public hearing and shall describe

11  the time, date, place, and purpose of the hearing, identify

12  generally the community redevelopment area covered by the

13  plan, and outline the general scope of the proposed community

14  redevelopment plan under consideration.

15         (7)  Following such hearing, the governing body may

16  approve the community redevelopment and the plan therefor if

17  it finds that:

18         (a)  A feasible method exists for the location of

19  residents and businesses families who will be displaced from

20  the community redevelopment area in decent, safe, and sanitary

21  dwelling accommodations within their means and without undue

22  hardship to such residents and businesses families;

23         (b)  The community redevelopment plan conforms to the

24  comprehensive general plan of the county or municipality that

25  created the agency as a whole;

26         (c)  The community redevelopment plan gives due

27  consideration to the utilization of community policing

28  innovations, and to the provision of adequate park and

29  recreational areas and facilities that may be desirable for

30  neighborhood improvement, with special consideration for the

31  health, safety, and welfare of children residing in the

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 1  community redevelopment area general vicinity of the site

 2  covered by the plans;

 3         (d)  The community redevelopment plan will afford

 4  maximum opportunity, consistent with the sound needs of the

 5  county or municipality as a whole, for the rehabilitation or

 6  redevelopment of the community redevelopment area, in whole or

 7  in part, by private enterprise; and

 8         (e)  The community redevelopment plan and resulting

 9  revitalization and redevelopment for a coastal tourist area

10  that is deteriorating and economically distressed will reduce

11  or maintain evacuation time, as appropriate, and ensure

12  protection for property against exposure to natural disasters.

13         (8)  If the community redevelopment area includes

14  consists of an area of open land to be acquired by the county,

15  or the municipality, or the agency for redevelopment, such

16  area may not be so acquired unless:

17         (a)  If In the event the area is to be developed in

18  whole or in part for residential uses, the governing body

19  determines that:

20         1.  A That shortage of housing of sound standards and

21  design which is decent, safe, affordable to residents of low

22  or moderate income, including the elderly, and sanitary exists

23  in the county or municipality;

24         2.  A That the need for housing accommodations exists

25  has increased in the area;

26         3.  That The conditions of slum or blight in the area

27  or the shortage of decent, safe, affordable, and sanitary

28  housing cause or contribute to an increase in and spread of

29  disease and crime that or constitute a menace to the public

30  health, safety, morals, or welfare; or and

31  

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 1         4.  That The acquisition of the area for residential

 2  uses is an integral part of and is essential to the program of

 3  the county or municipality.

 4         (b)  If In the event the area is to be developed in

 5  whole or in part for nonresidential uses, the governing body

 6  determines that:

 7         1.  Such nonresidential uses are necessary and

 8  appropriate to facilitate the proper growth and development of

 9  the community redevelopment area in accordance with sound

10  planning standards and local community objectives.

11         2.  Acquisition may require the exercise of

12  governmental action, as provided in this part, because of:

13         a.  Defective, or unusual conditions of, title or

14  diversity of ownership which prevents the free alienability of

15  such land;

16         b.  Tax delinquency;

17         c.  Improper subdivisions;

18         d.  Outmoded street patterns;

19         e.  Deterioration of site;

20         f.  Economic disuse;

21         g.  Unsuitable topography or faulty lot layouts;

22         h.  Lack of correlation of the area with other areas of

23  the a county or municipality by streets and modern traffic

24  requirements; or

25         i.  Any combination of such factors or other conditions

26  which retard development of the area.

27         3.  Conditions of slum or blight in the area contribute

28  to an increase in and spread of disease and crime or

29  constitute a menace to public health, safety, morals, or

30  welfare.

31  

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 1         (9)  Upon the approval by the governing body of a

 2  community redevelopment plan or of any modification thereof,

 3  such plan or modification shall be deemed to be in full force

 4  and effect for the respective community redevelopment area,

 5  and the governing body shall county or municipality may then

 6  cause the community redevelopment agency to carry out such

 7  plan or modification in accordance with its terms.

 8         (10)  Notwithstanding any other provisions of this

 9  part, when the governing body certifies that an area is in

10  need of redevelopment or rehabilitation as a result of an

11  emergency under s. 252.34(3), with respect to which the

12  Governor has certified the need for emergency assistance under

13  federal law, that area may be certified as a "blighted area,"

14  or an "area in need of redevelopment," and the governing body

15  may approve a community redevelopment plan and community

16  redevelopment with respect to such area without regard to the

17  provisions of this section requiring review by the local

18  planning agency a general plan for the county or municipality

19  and a public hearing on the community redevelopment plan.

20         Section 10.  Section 163.361, Florida Statutes, is

21  amended to read:

22         163.361  Modification of community redevelopment

23  plans.--

24         (1)  If at any time after the approval of a community

25  redevelopment plan by the governing body it becomes necessary

26  or desirable to amend or modify such plan, the governing body

27  may amend such plan upon the recommendation of the agency. The

28  agency recommendation to amend or modify a redevelopment plan

29  may include a change in the boundaries of the community

30  redevelopment area to add land to or exclude land from the

31  

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 1  community redevelopment area, or may include the development

 2  and implementation of community policing innovations.

 3         (2)  The governing body shall hold a public hearing on

 4  a proposed modification of any community redevelopment plan

 5  after public notice thereof by publication in a newspaper

 6  having a general circulation in the community redevelopment

 7  area of operation of the agency.

 8         (3)  In addition to the requirements of s. 163.346, and

 9  prior to the adoption of any modification to a community

10  redevelopment plan that expands the boundaries of the

11  community redevelopment area or extends the time certain set

12  forth in the redevelopment plan as required by s. 163.362(10),

13  the agency shall report such proposed modification to each

14  taxing authority in writing or by an oral presentation, or

15  both, regarding such proposed modification.

16         (4)  A modification to a community redevelopment plan

17  that includes a change in the boundaries of the community

18  redevelopment area to add land must be supported by a

19  resolution satisfying the requirements as provided in s.

20  163.355.

21         (5)  If a community redevelopment plan is modified by

22  the governing body county or municipality after the lease or

23  sale of real property in the community redevelopment area,

24  such modification may be conditioned upon such approval of the

25  owner, lessee, or successor in interest as the governing body

26  considers county or municipality may deem advisable and, in

27  any event, shall be subject to such rights at law or in equity

28  as a lessee or purchaser, or his or her successor or

29  successors in interest, may be entitled to assert.

30         (6)  The procedure specified in s. 163.360 governs each

31  modification to an existing community redevelopment plan and

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 1  the preparation, review, consideration, or approval of any

 2  such modification must conform to such procedure.

 3         Section 11.  Subsections (2), (3), (6), (7), (8), (9),

 4  and (10) of section 163.362, Florida Statutes, are amended to

 5  read:

 6         163.362  Contents of community redevelopment

 7  plan.--Every community redevelopment plan shall:

 8         (2)  Show by diagram and in general terms:

 9         (a)  The approximate amount of open space to be

10  provided and the street layout.

11         (b)  Limitations on the type, size, height, number, and

12  proposed use of buildings.

13         (c)  The approximate number of dwelling units.

14         (d)  Such property as is intended for use as public

15  parks, recreation areas, streets, public utilities, and public

16  improvements of any nature.

17         (3)  If the community redevelopment area contains low

18  or moderate income housing, contain a neighborhood impact

19  element which describes in detail the impact of the

20  redevelopment upon the residents of the community

21  redevelopment area and the surrounding areas in terms of

22  relocation, traffic circulation, environmental quality,

23  availability of community facilities and services, effect on

24  school population, and other matters affecting the physical

25  and social quality of the neighborhood.

26         (6)  Provide for the retention of controls and the

27  establishment of any restrictions or covenants running with

28  land sold or leased by a for private person use for such

29  periods of time and under such conditions as the governing

30  body deems necessary to effectuate the purposes of this part.

31  

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 1         (7)  Provide assurances that there will be replacement

 2  housing within or outside the community redevelopment area for

 3  the relocation of individuals or businesses persons

 4  temporarily or permanently displaced from housing facilities

 5  within the community redevelopment area.

 6         (8)  State whether Provide an element of residential

 7  use in the redevelopment area if such use exists in the area

 8  prior to the adoption of the plan or if the plan is intended

 9  to remedy a shortage of housing affordable to residents of low

10  or moderate income, including the elderly, and or if the plan

11  is not intended to remedy such shortage, the reasons therefor.

12         (9)  Contain a detailed statement of the projected

13  costs of the redevelopment, including the amount to be

14  expended on publicly funded capital projects in the community

15  redevelopment area and a description of any anticipated

16  indebtedness of the community redevelopment agency, the

17  county, or the municipality proposed to be incurred for such

18  redevelopment, which if such indebtedness is to be repaid from

19  the funds deposited in a community redevelopment trust fund

20  established under s. 163.387 with increment revenues.

21         (10)  Provide a time certain for the annual obligation

22  of each taxing authority to pay completing all redevelopment

23  financed by increment revenues into the community

24  redevelopment trust fund. Such time certain must shall occur

25  no later than 30 years after the fiscal year in which the plan

26  is approved, adopted, or amended pursuant to s. 163.361(1).

27  However, for any agency created after July 1, 2002, the time

28  certain for completing all redevelopment financed by increment

29  revenues must occur no later than within 40 years after the

30  fiscal year in which the plan is approved or adopted.

31  

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 1         Section 12.  Section 163.365, Florida Statutes, is

 2  amended to read:

 3         163.365  Neighborhood and communitywide plans.--

 4         (1)  Any municipality, or county, community

 5  redevelopment agency, or any public body authorized to perform

 6  planning work may prepare a general neighborhood redevelopment

 7  plan for a community redevelopment area or areas, together

 8  with any adjoining areas having specially related problems,

 9  which may be of such scope that redevelopment activities may

10  have to be carried out in stages.  Such plans may include, but

11  not be limited to, a preliminary plan which:

12         (a)  Outlines the community redevelopment activities

13  proposed for the area involved;

14         (b)  Provides a framework for the preparation of

15  community redevelopment plans; and

16         (c)  Indicates generally the land uses, population

17  density, building coverage, prospective requirements for

18  rehabilitation and improvement of property and portions of the

19  area contemplated for clearance and redevelopment.

20  

21  A general neighborhood redevelopment plan shall, in the

22  determination of the governing body, conform to the general

23  plan of the locality as a whole and the workable program of

24  the county or municipality.

25         (2)  Any county or municipality or any public body

26  authorized to perform planning work may prepare or complete a

27  communitywide plan or program for community redevelopment plan

28  that must which shall conform to the requirements of s.

29  163.362 and be adopted as provided in s. 163.360. general plan

30  for the development of the county or municipality as a whole

31  and may include, but not be limited to, identification of slum

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 1  or blighted areas, measurement of blight, determination of

 2  resources needed and available to renew such areas,

 3  identification of potential project areas and types of action

 4  contemplated, including the development of affordable housing

 5  if needed and appropriate for the area, and scheduling of

 6  community redevelopment activities.

 7         (3)  Authority is hereby vested in every county and

 8  municipality to prepare, adopt, and revise from time to time a

 9  general plan for the physical development of the county or

10  municipality as a whole (giving due regard to the environs and

11  metropolitan surroundings), to establish and maintain a

12  planning commission for such purpose and related county or

13  municipal planning activities, and to make available and to

14  appropriate necessary funds therefor.

15         Section 13.  Subsection (3) of section 163.367, Florida

16  Statutes, is amended to read:

17         163.367  Public officials, commissioners, and employees

18  subject to code of ethics.--

19         (3)  Except as specifically provided in this part, a No

20  commissioner or other officer of any community redevelopment

21  agency may not, board, or commission exercising powers

22  pursuant to this part shall hold any other public office under

23  the county or municipality other than his or her

24  commissionership or office with respect to such community

25  redevelopment agency, board, or commission.

26         Section 14.  Subsection (1), paragraphs (b) and (c) of

27  subsection (2), and paragraph (a) of subsection (3) of section

28  163.370, Florida Statutes, are amended to read:

29         163.370  Powers; counties and municipalities; community

30  redevelopment agencies.--

31  

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 1         (1)  In addition to the powers otherwise granted by the

 2  State Constitution, chapter 125, this chapter or chapter 166,

 3  any Every county, and municipality, and agency shall have all

 4  the powers necessary or convenient to carry out and effectuate

 5  the purposes and provisions of this part, including the

 6  following powers in addition to others herein granted:

 7         (a)  To make and execute contracts and other

 8  instruments necessary or convenient to the exercise of its

 9  powers under this part;

10         (b)  To disseminate slum clearance and community

11  redevelopment information, including information marketing and

12  promoting the community redevelopment area and the activities

13  and undertakings of the agency;

14         (c)  To undertake and carry out community redevelopment

15  and related activities within the community redevelopment

16  area, which redevelopment may include:

17         1.  Acquisition of a slum area or a blighted area or

18  portion thereof.

19         2.  Demolition and removal of buildings and

20  improvements.

21         3.  Installation, construction, or reconstruction of

22  streets, utilities, parks, playgrounds, public areas of major

23  hotels that are constructed in support of convention centers,

24  including meeting rooms, banquet facilities, parking garages,

25  lobbies, and passageways, and other improvements necessary for

26  carrying out in the community redevelopment area the community

27  redevelopment objectives of this part in accordance with the

28  community redevelopment plan.

29         4.  Disposition, as provided in s. 163.380, of any

30  property acquired in the community redevelopment area at its

31  

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 1  fair value for uses in accordance with the community

 2  redevelopment plan.

 3         5.  Carrying out plans for a program of voluntary or

 4  compulsory repair and rehabilitation of buildings or other

 5  improvements in accordance with the community redevelopment

 6  plan.

 7         6.  Acquisition of real property in the community

 8  redevelopment area which, under the community redevelopment

 9  plan, is to be repaired or rehabilitated for dwelling use or

10  related facilities, repair or rehabilitation of the structures

11  for guidance purposes, and resale of the property.

12         7.  Acquisition of any other real property in the

13  community redevelopment area when necessary to eliminate

14  unhealthful, unsanitary, or unsafe conditions; lessen density;

15  eliminate obsolete or other uses detrimental to the public

16  welfare; or otherwise to remove or prevent the spread of

17  blight or deterioration or to provide land for needed public

18  facilities.

19         8.  Acquisition, without regard to any requirement that

20  the area be a slum or blighted area, of air rights in an area

21  consisting principally of land in highways, railway or subway

22  tracks, bridge or tunnel entrances, or other similar

23  facilities which have a blighting influence on the surrounding

24  area and over which air rights sites are to be developed for

25  the elimination of such blighting influences and for the

26  provision of housing (and related facilities and uses)

27  designed specifically for, and limited to, families and

28  individuals of low or moderate income.

29         9.  Construction of foundations and platforms necessary

30  for the provision of air rights sites of housing (and related

31  

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 1  facilities and uses) designed specifically for, and limited

 2  to, families and individuals of low or moderate income.

 3         (d)  To provide, or to arrange or contract for, the

 4  furnishing or repair by any person or agency, public or

 5  private, of services, privileges, works, streets, roads,

 6  public utilities, or other facilities for or in connection

 7  with a community redevelopment; to install, construct, and

 8  reconstruct streets, utilities, parks, playgrounds, and other

 9  public improvements; and to agree to any conditions that it

10  deems reasonable and appropriate which are attached to federal

11  financial assistance and imposed pursuant to federal law

12  relating to the determination of prevailing salaries or wages

13  or compliance with labor standards, in the undertaking or

14  carrying out of a community redevelopment and related

15  activities, and to include in any contract let in connection

16  with such redevelopment and related activities provisions to

17  fulfill such of the conditions as it deems reasonable and

18  appropriate.

19         (e)  Within the community redevelopment area:

20         1.  To enter into any building or property in any

21  community redevelopment area in order to make inspections,

22  surveys, appraisals, soundings, or test borings and to obtain

23  an order for this purpose from a court of competent

24  jurisdiction in the event entry is denied or resisted.

25         2.  To acquire by purchase, lease, option, gift, grant,

26  bequest, devise, eminent domain, or otherwise any personal or

27  real property (or personal property for its administrative

28  purposes), together with any improvements thereon; except that

29  a community redevelopment agency may not exercise any power of

30  eminent domain unless the exercise has been specifically

31  

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 1  approved by the governing body of the county or municipality

 2  which established the agency.

 3         3.  To hold, improve, clear, or prepare for

 4  redevelopment any such property.

 5         4.  To mortgage, pledge, hypothecate, or otherwise

 6  encumber or dispose of any real property.

 7         5.  To insure or provide for the insurance of any real

 8  or personal property or operations of the county or

 9  municipality against any risks or hazards, including the power

10  to pay premiums on any such insurance.

11         6.  To enter into any contracts necessary to effectuate

12  the purposes of this part.

13         7.  To solicit requests for proposals for redevelopment

14  of parcels of real property contemplated by a community

15  redevelopment plan to be acquired for redevelopment purposes

16  by a community redevelopment agency and, as a result of such

17  requests for proposals, to advertise for the disposition of

18  such real property to private persons pursuant to s. 163.380

19  prior to acquisition of such real property by the community

20  redevelopment agency.

21         (f)  To invest any community redevelopment funds held

22  in reserves or sinking funds or any such funds not required

23  for immediate disbursement in property or securities in which

24  savings banks may legally invest funds subject to their

25  control and to redeem such bonds as have been issued pursuant

26  to s. 163.385 at the redemption price established therein or

27  to purchase such bonds at less than redemption price, all such

28  bonds so redeemed or purchased to be canceled.

29         (g)  To borrow money and to apply for and accept

30  advances, loans, grants, contributions, and any other form of

31  financial assistance from the Federal Government or the state,

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 1  county, or other public body or from any sources, public or

 2  private, for the purposes of this part and to give such

 3  security as may be required and to enter into and carry out

 4  contracts or agreements in connection therewith; and to

 5  include in any contract for financial assistance with the

 6  Federal Government for or with respect to community

 7  redevelopment and related activities such conditions imposed

 8  pursuant to federal laws as the county or municipality deems

 9  reasonable and appropriate which are not inconsistent with the

10  purposes of this part.

11         (h)  Within its area of operation, To make or have made

12  all surveys and plans necessary to the carrying out of the

13  purposes of this part; to contract with any person, public or

14  private, in making and carrying out such plans; and to adopt

15  or approve, modify, and amend such plans, which plans may

16  include, but are not limited to:

17         1.  Plans for carrying out a program of voluntary or

18  compulsory repair and rehabilitation of buildings and

19  improvements.

20         2.  Plans for the enforcement of state and local laws,

21  codes, and regulations relating to the use of land and the use

22  and occupancy of buildings and improvements and to the

23  compulsory repair, rehabilitation, demolition, or removal of

24  buildings and improvements.

25         3.  Appraisals, title searches, surveys, studies, and

26  other plans and work necessary to prepare for the undertaking

27  of community redevelopment and related activities.

28         (i)  To develop, test, and report methods and

29  techniques, and carry out demonstrations and other activities,

30  for the prevention and the elimination of slums and urban

31  

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 1  blight and developing and demonstrating new or improved means

 2  of providing housing for families and persons of low income.

 3         (j)  To apply for, accept, and utilize grants of funds

 4  from the Federal Government for such purposes.

 5         (k)  To prepare plans for and assist in the relocation

 6  of persons (including individuals, families, business

 7  concerns, nonprofit organizations, and others) displaced from

 8  a community redevelopment area and to make relocation payments

 9  to or with respect to such persons for moving expenses and

10  losses of property for which reimbursement or compensation is

11  not otherwise made, including the making of such payments

12  financed by the Federal Government.

13         (l)  To appropriate such funds and make such

14  expenditures as are necessary to carry out the purposes of

15  this part; to zone or rezone any part of the county or

16  municipality or make exceptions from building regulations; and

17  to enter into agreements with a housing authority, which

18  agreements may extend over any period, notwithstanding any

19  provision or rule of law to the contrary, respecting action to

20  be taken by such county or municipality pursuant to any of the

21  powers granted by this part.

22         (m)  To close, vacate, plan, or replan streets, roads,

23  sidewalks, ways, or other places and to plan or replan any

24  part of the county or municipality.

25         (n)  Within its area of operation, To organize,

26  coordinate, and direct the administration of the provisions of

27  this part, as they may apply to such county or municipality,

28  in order that the objective of remedying slum and blighted

29  areas and preventing the causes thereof within such county or

30  municipality may be most effectively promoted and achieved and

31  to establish such new office or offices of the county or

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 1  municipality or to reorganize existing offices in order to

 2  carry out such purpose most effectively.

 3         (o)  To exercise all or any part or combination of

 4  powers herein granted or to elect to have such powers

 5  exercised by a community redevelopment agency.

 6         (p)  To develop and implement community policing

 7  innovations.

 8         (2)  The following projects may not be paid for or

 9  financed by increment revenues:

10         (b)  Installation, construction, reconstruction,

11  repair, or alteration of any publicly owned capital

12  improvements or projects that were scheduled to which are not

13  an integral part of or necessary for carrying out the

14  community redevelopment plan if such projects or improvements

15  are normally financed by the governing body with user fees or

16  if such projects or improvements would be installed,

17  constructed, reconstructed, repaired, or altered within 3

18  years after of the approval of the community redevelopment

19  plan by the governing body, which approval was pursuant to a

20  previously approved public capital improvement or project

21  schedule or plan that such of the governing body had

22  previously which approved, unless any such improvement or

23  project has been removed from the capital improvement or

24  project schedule or plan for not less than 3 years the

25  community redevelopment plan.

26         (c)  General government operating expenses unrelated to

27  the planning and carrying out of a community redevelopment

28  plan, including payment or reimbursement for services provided

29  to the agency by a public body.

30         (3)  With the approval of the governing body, a

31  community redevelopment agency may:

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 1         (a)  Prior to approval of a community redevelopment

 2  plan or approval of any modifications of the plan, acquire

 3  real property in a community redevelopment area, demolish and

 4  remove any structures on the property, and pay all costs

 5  related to the acquisition, demolition, or removal, including

 6  any administrative or relocation expenses unless such

 7  acquisition is pursuant to s. 163.375.

 8         Section 15.  Subsections (1) and (2) of section

 9  163.375, Florida Statutes, are amended to read:

10         163.375  Eminent domain.--

11         (1)  Any county or municipality, or any community

12  redevelopment agency, pursuant to specific approval of the

13  governing body of the county or municipality which established

14  the agency, as authorized provided by a resolution of the

15  governing body, any county or municipal ordinance has the

16  right to acquire by condemnation any interest in real

17  property, including a fee simple title thereto, which it deems

18  necessary for, or in connection with, community redevelopment

19  and related activities under this part.  Any county or

20  municipality, or any community redevelopment agency pursuant

21  to such resolution of specific approval by the governing body

22  of the county or municipality which established the agency, as

23  provided by any county or municipal ordinance may exercise the

24  power of eminent domain in the manner provided in chapters 73

25  and 74 and acts amendatory thereof or supplementary thereto,

26  or it may exercise the power of eminent domain in the manner

27  now or which may be hereafter provided by any other statutory

28  provision for the exercise of the power of eminent domain.

29  Property in unincorporated enclaves surrounded by the

30  boundaries of a community redevelopment area may be acquired

31  when it is determined necessary by the agency to accomplish

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 1  the community redevelopment plan. Property already devoted to

 2  a public use may be acquired in like manner.  However, no real

 3  property belonging to the United States, the state, or any

 4  political subdivision of the state may be acquired without its

 5  consent. As used in this subsection the term "specific

 6  approval" means the property to be acquired is identified for

 7  acquisition in the resolution adopted by the governing body

 8  approving exercise of eminent domain by the agency.

 9         (2)  In any proceeding to fix or assess compensation

10  for damages for the taking of property, or any interest

11  therein, through the exercise of the power of eminent domain

12  or condemnation, evidence or testimony bearing upon the

13  following matters is shall be admissible and shall be

14  considered in fixing such compensation or damages in addition

15  to evidence or testimony otherwise admissible:

16         (a)  Any use, condition, occupancy, or operation of

17  such property, which is unlawful or violative of, or subject

18  to elimination, abatement, prohibition, or correction under,

19  any law, ordinance, or regulatory measure of the state,

20  county, municipality, or other political subdivision, or any

21  agency thereof, in which such property is located, as being

22  unsafe, substandard, unsanitary, or otherwise contrary to the

23  public health, safety, morals, or welfare.

24         (b)  The effect on the value of such property of any

25  such use, condition, occupancy, or operation or of the

26  elimination, abatement, prohibition, or correction of any such

27  use, condition, occupancy, or operation.

28         Section 16.  Subsections (1), (2), (3), and (4) of

29  section 163.380, Florida Statutes, are amended to read:

30         163.380  Disposal of property in community

31  redevelopment area.--

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 1         (1)  Any county, municipality, or community

 2  redevelopment agency may sell, lease, dispose of, or otherwise

 3  transfer real property or any interest therein acquired by it

 4  for community redevelopment in a community redevelopment area

 5  to any private person, or may retain such property for public

 6  use, and may enter into contracts with respect thereto for

 7  residential, recreational, commercial, industrial,

 8  educational, or other uses, in accordance with the community

 9  redevelopment plan, subject to such covenants, conditions, and

10  restrictions, including covenants running with the land, as it

11  deems necessary or desirable to assist in preventing the

12  development continuation, or spread of slum future slums or

13  blighted areas or to otherwise carry out the purposes of this

14  part. However, such sale, lease, other transfer, or retention,

15  and any agreement relating thereto, may be made only after the

16  approval of the community redevelopment plan by the governing

17  body.  The purchasers or lessees and their successors and

18  assigns shall be obligated to devote such real property only

19  to the uses specified in the community redevelopment plan and

20  may be obligated to comply with such other requirements as the

21  county, municipality, or community redevelopment agency may

22  determine to be in the public interest, including the

23  obligation to begin any improvements on such real property

24  required by the community redevelopment plan within a

25  reasonable time.

26         (2)  Such real property or interest shall be sold,

27  leased, otherwise transferred, or retained at a value

28  determined to be in the public interest for uses in accordance

29  with the community redevelopment plan and in accordance with

30  such reasonable disposal procedures as the any county,

31  municipality, or community redevelopment agency may prescribe.

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 1  In determining the value of real property as being in the

 2  public interest for uses in accordance with the community

 3  redevelopment plan, the county, municipality, or community

 4  redevelopment agency shall take into account and give

 5  consideration to the long-term benefits to be achieved by the

 6  county, municipality, or community redevelopment agency

 7  resulting from incurring short-term losses or costs in the

 8  disposal of such real property; the uses provided in such

 9  plan; the restrictions upon, and the covenants, conditions,

10  and obligations assumed by, the purchaser or lessee or by the

11  county, municipality, or community redevelopment agency

12  retaining the property; and the objectives of such plan for

13  the prevention of the recurrence of slum or blighted areas.

14  In the event the value of such real property being disposed of

15  is for less than the fair value, such disposition shall

16  require the approval of the governing body, which approval may

17  only be given following a duly noticed public hearing. The

18  county, municipality, or community redevelopment agency may

19  provide in any instrument of conveyance to a private purchaser

20  or lessee that such purchaser or lessee is without power to

21  sell, lease, or otherwise transfer the real property without

22  the prior written consent of the county, municipality, or

23  community redevelopment agency until the purchaser or lessee

24  has completed the construction of any or all improvements

25  which such purchaser or lessee he or she has agreed obligated

26  himself or herself to construct thereon.  Real property

27  acquired by the county, municipality, or community

28  redevelopment agency which, in accordance with the provisions

29  of the community redevelopment plan, is to be transferred

30  shall be transferred as rapidly as feasible in the public

31  interest, consistent with the carrying out of the provisions

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 1  of the community redevelopment plan. Any contract for such

 2  transfer and the community redevelopment plan, or such part or

 3  parts of such contract or plan as the county, municipality, or

 4  community redevelopment agency may determine, may be recorded

 5  in the public land records of the clerk of the circuit court

 6  in such manner as to afford actual or constructive notice

 7  thereof.

 8         (3)(a)  Prior to disposition of any real property or

 9  interest therein in a community redevelopment area, any

10  county, municipality, or community redevelopment agency shall

11  give public notice of such disposition by publication in a

12  newspaper having a general circulation in the community

13  redevelopment area, at least 30 days prior to the execution of

14  any contract to sell, lease, or otherwise transfer real

15  property and, prior to the delivery of any instrument of

16  conveyance with respect thereto under the provisions of this

17  section, invite proposals from, and make all pertinent

18  information available to, private redevelopers or any persons

19  interested in undertaking to redevelop or rehabilitate the

20  property proposed for disposition a community redevelopment

21  area or any part thereof.  Such notice must shall identify the

22  area or portion thereof and shall state that proposals must be

23  made by those interested within 30 days after the date of

24  publication of the notice and that such further information as

25  is available may be obtained at such office as is designated

26  in the notice. The agency may or may not own the property at

27  the time of publication of the notice required by this

28  subsection. The county, municipality, or community

29  redevelopment agency shall consider all such redevelopment or

30  rehabilitation proposals and the financial and legal ability

31  of the persons making such proposals to carry them out; and

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 1  the county, municipality, or community redevelopment agency

 2  may negotiate with any persons for proposals for the purchase,

 3  lease, or other transfer of any real property acquired or to

 4  be acquired by it in the community redevelopment area.  The

 5  county, municipality, or community redevelopment agency may

 6  accept such proposal as it deems to be in the public interest

 7  and in furtherance of the purposes of the community

 8  redevelopment plan and this part. The Except in the case of a

 9  governing body acting as the agency, as provided in s.

10  163.357, a notification of intention to accept such proposal

11  must be filed with the governing body not less than 30 days

12  prior to any such acceptance. Thereafter, the county,

13  municipality, or community redevelopment agency may execute

14  such contract in accordance with the provisions of subsection

15  (1) and deliver deeds, leases, and other instruments and take

16  all steps necessary to effectuate such contract. The community

17  redevelopment agency may use a request-for-qualification

18  process to preselect persons who are eligible to respond to

19  the 30-day notice required by this subsection.

20         (b)  Any county, municipality, or community

21  redevelopment agency that, pursuant to the provisions of this

22  section, has disposed of a real property project with a land

23  area in excess of 20 acres may acquire an expanded area that

24  is immediately adjacent to the original project and less than

25  35 percent of the land area of the original project, by

26  purchase or eminent domain as provided in this chapter, and

27  negotiate a disposition of such expanded area directly with

28  the person who acquired the original project without complying

29  with the disposition procedures established in paragraph (a),

30  provided the county, municipality, or community redevelopment

31  agency adopts a resolution making the following findings:

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 1         1.  It is in the public interest to expand such real

 2  property project to an immediately adjacent area.

 3         2.  The expanded area is less than 35 percent of the

 4  land area of the original project.

 5         3.  The expanded area is entirely within the boundary

 6  of the community redevelopment area.

 7         (4)  Any county, municipality, or community

 8  redevelopment agency may temporarily operate and maintain real

 9  property acquired by it in a community redevelopment area for

10  or in connection with a community redevelopment plan pending

11  the disposition of the property as authorized in this part,

12  without regard to the provisions of subsection (1), for such

13  uses and purposes as may be deemed desirable, even though not

14  in conformity with the community redevelopment plan.

15         Section 17.  Section 163.387, Florida Statutes, is

16  amended to read:

17         163.387  Redevelopment trust fund.--

18         (1)  After approval of a community redevelopment plan,

19  a redevelopment trust fund may there shall be established for

20  each community redevelopment agency created under s. 163.356 a

21  redevelopment trust fund. Funds allocated to and deposited

22  into this fund shall be used by the agency to finance or

23  refinance any community redevelopment it undertakes pursuant

24  to the approved community redevelopment plan. No community

25  redevelopment agency may receive or spend any increment

26  revenues pursuant to this section unless and until the

27  governing body has, by ordinance, created the trust fund and

28  provided for the funding of the redevelopment trust fund until

29  the time certain set forth in the for the duration of a

30  community redevelopment plan pursuant to s. 163.362(10). Such

31  ordinance may be adopted only after the governing body has

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 1  approved a community redevelopment plan. The annual funding of

 2  the redevelopment trust fund shall be in an amount not less

 3  than that increment in the income, proceeds, revenues, and

 4  funds of each taxing authority derived from or held in

 5  connection with the undertaking and carrying out of community

 6  redevelopment under this part. Such increment shall be

 7  determined annually and shall be that amount equal to 90 95

 8  percent of the difference between:

 9         (a)  The amount of ad valorem taxes levied each year by

10  each taxing authority, exclusive of any amount from any debt

11  service millage, on taxable real property contained within the

12  geographic boundaries of a community redevelopment area; and

13         (b)  The amount of ad valorem taxes which would have

14  been produced by the rate upon which the tax is levied each

15  year by or for each taxing authority, exclusive of any debt

16  service millage, upon the total of the assessed value of the

17  taxable real property in the community redevelopment area as

18  shown upon the most recent preliminary assessment roll created

19  pursuant to s. 193.114 used in connection with the taxation of

20  such property by each taxing authority prior to the effective

21  date of the ordinance providing for the funding of the trust

22  fund.

23  

24  However, the governing body of any county as defined in s.

25  125.011(1) may, in the ordinance providing for the funding of

26  a trust fund established with respect to any community

27  redevelopment area created on or after July 1, 1994, determine

28  that the amount to be funded by each taxing authority annually

29  shall be less than 95 percent of the difference between

30  paragraphs (a) and (b), but in no event shall such amount be

31  less than 50 percent of such difference.

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 1         (2)(a)  Except for the purpose of funding the trust

 2  fund pursuant to subsection (3), upon the adoption of an

 3  ordinance providing for funding of the redevelopment trust

 4  fund as provided in this section, each taxing authority shall,

 5  by January 1 of each year, appropriate to the trust fund for

 6  so long as any indebtedness pledging increment revenues to the

 7  payment thereof is outstanding (but not to exceed 30 years) a

 8  sum that is no less than the increment as defined and

 9  determined in subsection (1) accruing to such taxing

10  authority.  If the community redevelopment plan is amended or

11  modified pursuant to s. 163.361(1), each such taxing authority

12  shall make the annual appropriation for a period not to exceed

13  30 years after the date the governing body amends the plan.

14  However, for any agency created on or after July 1, 2002, each

15  taxing authority shall make the annual appropriation for a

16  period not to exceed 40 years after the fiscal year in which

17  the initial community redevelopment plan is approved or

18  adopted.

19         (b)  Any taxing authority that does not pay the

20  increment revenues to the trust fund by January 1 shall pay to

21  the trust fund an amount equal to 5 percent of the amount of

22  the increment revenues and shall pay interest on the amount of

23  the unpaid increment revenues equal to 1 percent for each

24  month the increment is outstanding. The agency may waive a

25  payment, or part of a payment, which this section would

26  otherwise require the taxing authority to make.

27         (c)  The following public bodies or taxing authorities

28  are exempt from paragraph (a):

29         1.  A special district that levies ad valorem taxes on

30  taxable real property in more than one county.

31  

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 1         2.  A special district for which the sole available

 2  source of revenue the district has the authority to levy is ad

 3  valorem taxes at the time an ordinance is adopted under this

 4  section. However, revenues or aid that may be dispensed or

 5  appropriated to a district as defined in s. 388.011 at the

 6  discretion of an entity other than such district shall not be

 7  deemed available.

 8         3.  A library district, except a library district in a

 9  jurisdiction where the community redevelopment agency had

10  validated bonds as of April 30, 1984.

11         4.  A neighborhood improvement district created under

12  the Safe Neighborhoods Act.

13         5.  A metropolitan transportation authority.

14         6.  A water management district created under s.

15  373.069.

16         (d)1.  The A local governing body that creates a

17  community redevelopment agency under s. 163.356 may exempt

18  from all or part of the obligation to make an annual payment

19  to the trust fund pursuant to paragraph (a) a special district

20  that levies ad valorem taxes within that community

21  redevelopment area.  The agency local governing body may grant

22  any such the exemption either in its sole discretion or in

23  response to the request of the special district. The agency

24  local governing body must establish procedures by which a

25  special district may submit a written request to be exempted

26  from paragraph (a).

27         2.  In deciding whether to deny or grant a special

28  district's request for exemption from paragraph (a), the

29  agency local governing body must consider:

30  

31  

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 1         a.  Any additional revenue sources of the community

 2  redevelopment agency which could be used in lieu of the

 3  special district's tax increment.

 4         b.  The fiscal and operational impact on the community

 5  redevelopment agency.

 6         c.  The fiscal and operational impact on the special

 7  district.

 8         d.  The benefit to the specific purpose for which the

 9  special district was created.  The benefit to the special

10  district must be based on specific projects contained in the

11  approved community redevelopment plan for the designated

12  community redevelopment area.

13         e.  The impact of the exemption on incurred debt and

14  whether such exemption will impair any outstanding bonds that

15  have pledged tax increment revenues to the repayment of the

16  bonds.

17         f.  The benefit of the activities of the special

18  district to the approved community redevelopment plan.

19         g.  The benefit of the activities of the special

20  district to the area of operation of the local governing body

21  that created the community redevelopment agency.

22         3.  The agency local governing body must hold a public

23  hearing on a special district's request for exemption after

24  public notice of the hearing is published in a newspaper

25  having a general circulation in the county or municipality

26  that created the community redevelopment area.  The notice

27  must be published at least 10 days before the hearing,

28  describe the time, date, place, and purpose of the hearing,

29  and must identify generally the community redevelopment area

30  covered by the plan and the impact of the plan on the special

31  district that requested the exemption.

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 1         4.  If the agency a local governing body grants an

 2  exemption to a special district under this paragraph, the

 3  agency local governing body and the special district must

 4  enter into an interlocal agreement that establishes the

 5  conditions of the exemption, including, but not limited to,

 6  the period of time for which the exemption is granted.

 7         5.  If the agency a local governing body denies a

 8  request for exemption by a special district, the agency local

 9  governing body shall thereafter provide the special district

10  with a written analysis specifying the rationale for such

11  denial.  This written analysis must include, but is not

12  limited to, the following information:

13         a.  A separate, detailed examination of each

14  consideration listed in subparagraph 2.

15         b.  Specific examples of how the approved community

16  redevelopment plan will benefit, and has already benefited,

17  the purpose for which the special district was created.

18         6.  The decision to either deny or grant an exemption

19  must be made by the local governing body within 120 days after

20  the date the written request was submitted to the local

21  governing body pursuant to the procedures established by the

22  agency, or within a longer period agreed to by the agency and

23  the special district such local governing body.

24         (3)  Notwithstanding the provisions of subsection (2),

25  the obligation of the taxing authority governing body which

26  established the community redevelopment agency to appropriate

27  increment revenues to fund the redevelopment trust fund

28  annually shall continue until the date when all loans,

29  advances, and indebtedness, if any, and interest thereon, of a

30  community redevelopment agency incurred as a result of

31  redevelopment in a community redevelopment area have been paid

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 1  or the time certain included in the plan pursuant to s.

 2  163.362(10), whichever occurs later.

 3         (4)  The revenue bonds and notes of every issue under

 4  this part are payable solely out of revenues pledged to and

 5  received by a community redevelopment agency and deposited to

 6  its redevelopment trust fund. The lien created by such bonds

 7  or notes shall not attach until the increment revenues

 8  referred to herein are deposited in the redevelopment trust

 9  fund at the times, and to the extent that, such increment

10  revenues accrue. The holders of such bonds or notes have no

11  right to require the imposition of any tax or the

12  establishment of any rate of taxation in order to obtain the

13  amounts necessary to pay and retire such bonds or notes.

14         (5)  Revenue bonds issued under the provisions of this

15  part shall not be deemed to constitute a debt, liability, or

16  obligation of the local governing body or the state or any

17  political subdivision thereof, or a pledge of the faith and

18  credit of the local governing body or the state or any

19  political subdivision thereof, but shall be payable solely

20  from the revenues provided therefor.  All such revenue bonds

21  shall contain on the face thereof a statement to the effect

22  that the agency shall not be obligated to pay the same or the

23  interest thereon except from the revenues of the community

24  redevelopment agency held for that purpose and that neither

25  the faith and credit nor the taxing power of the local

26  governing body or of the state or of any political subdivision

27  thereof is pledged to the payment of the principal of, or the

28  interest on, such bonds.

29         (6)  Moneys in the redevelopment trust fund may be

30  expended from time to time for undertakings of a community

31  redevelopment agency as described in the which are directly

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 1  related to financing or refinancing of redevelopment in a

 2  community redevelopment area pursuant to an approved community

 3  redevelopment plan for the following purposes, including, but

 4  not limited to:

 5         (a)  Administrative and overhead expenses necessary or

 6  incidental to the implementation of a community redevelopment

 7  plan adopted by the agency, including services provided by

 8  another public body.

 9         (b)  Expenses of redevelopment planning, surveys, and

10  financial analysis, including the reimbursement of the

11  governing body or the community redevelopment agency for such

12  expenses incurred before the redevelopment plan was approved

13  and adopted.

14         (c)  The acquisition of real property in the

15  redevelopment area.

16         (d)  The clearance and preparation of any redevelopment

17  area for redevelopment and relocation of site occupants inside

18  or outside the community redevelopment area as provided in s.

19  163.370.

20         (e)  The repayment of principal and interest or any

21  redemption premium for loans, advances, bonds, bond

22  anticipation notes, and any other form of indebtedness.

23         (f)  All expenses incidental to or connected with the

24  issuance, sale, redemption, retirement, or purchase of agency

25  bonds, bond anticipation notes, or other form of indebtedness,

26  including funding of any reserve, redemption, or other fund or

27  account provided for in the ordinance or resolution

28  authorizing such bonds, notes, or other form of indebtedness.

29         (g)  The development of affordable housing within the

30  community redevelopment area.

31         (h)  The development of community policing innovations.

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 1         (i)  Expenses for promotion, marketing, or events to

 2  enhance or promote the community redevelopment area.

 3         (j)  Any other purpose provided in the plan.

 4         (7)  On the last day of the fiscal year of the

 5  community redevelopment agency, any money which remains in the

 6  trust fund after the payment of expenses pursuant to

 7  subsection (6) for such year shall be:

 8         (a)  Returned to each taxing authority which paid the

 9  increment in the proportion that the amount of the payment of

10  such taxing authority bears to the total amount paid into the

11  trust fund by all taxing authorities within the redevelopment

12  area for that year;

13         (b)  Used to reduce the amount of any indebtedness to

14  which increment revenues are pledged;

15         (c)  Deposited into an escrow account for the purpose

16  of later reducing any indebtedness to which increment revenues

17  are pledged; or

18         (d)  Appropriated to a specific redevelopment project

19  pursuant to an approved community redevelopment plan for one

20  or more expenditures that must all which project will be made

21  completed within 3 years after from the date of such

22  appropriation.

23         (8)  Each community redevelopment agency shall provide

24  for an independent financial audit of the trust fund each

25  fiscal year and a report of such audit which is prepared by an

26  individual or firm that is an independent certified public

27  accountant. Such report shall describe the amount and source

28  of deposits into, and the amount and purpose of withdrawals

29  from, the trust fund during such fiscal year and the amount of

30  principal and interest paid during such year on any

31  indebtedness to which is pledged increment revenues are

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 1  pledged and the remaining amount of such indebtedness. The

 2  agency shall provide a copy of the report to each taxing

 3  authority. The audit required by this subsection may be

 4  included as part of or attached to the annual financial

 5  statement of the county or municipality that created the

 6  agency.

 7         Section 18.  Section 163.395, Florida Statutes, is

 8  amended to read:

 9         163.395  Property exempt from taxes and from levy and

10  sale by virtue of an execution.--

11         (1)  All property of any county, municipality, or

12  community redevelopment agency, including funds, owned or held

13  by it for the purposes of this part are exempt from levy and

14  sale by virtue of an execution; and no execution or other

15  judicial process may issue against the same, nor shall

16  judgment against the county, municipality, or community

17  redevelopment agency be a charge or lien upon such property.

18  However, the provisions of this section does do not apply to

19  or limit the right of obligees to pursue any remedies for the

20  enforcement of any pledge or lien given pursuant to this part

21  by the county or municipality on its rents, fees, grants, or

22  revenues from community redevelopment.

23         (2)  The property of the county, municipality, or

24  community redevelopment agency acquired or held for the

25  purposes of this part is declared to be public property used

26  for essential public and governmental purposes, and such

27  property is exempt from all taxes of the municipality, the

28  county, any special district, or the state or any political

29  subdivision thereof. However, such tax exemption will

30  terminate when the county, municipality, or community

31  redevelopment agency sells, leases, or otherwise disposes of

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 1  such property in a community redevelopment area to a purchaser

 2  or lessee which is not a public body entitled to tax exemption

 3  with respect to such property.

 4         Section 19.  Subsections (1), (3), and (4) of section

 5  163.400, Florida Statutes, are amended to read:

 6         163.400  Cooperation by public bodies.--

 7         (1)  For the purpose of aiding in the planning,

 8  undertaking, or carrying out of community redevelopment and

 9  related activities authorized by this part, any public body

10  may, upon such terms, with or without consideration, as it may

11  determine:

12         (a)  Dedicate, sell, convey, or lease any of its

13  interest in any property or grant easements, licenses, or

14  other rights or privileges therein to a county, or

15  municipality, or agency.

16         (b)  Incur the entire expense of any public

17  improvements made by such public body in exercising the powers

18  granted in this section.

19         (c)  Do any and all things necessary to aid or

20  cooperate in the planning or carrying out of a community

21  redevelopment plan and related activities.

22         (d)  Lend, grant, or contribute funds to a county, or

23  municipality, or agency; borrow money; and apply for and

24  accept advances, loans, grants, contributions, or any other

25  form of financial assistance from the Federal Government, the

26  state, the county, an agency, another public body, or any

27  other source.

28         (e)  Enter into agreements, which may extend over any

29  period, notwithstanding any provision or rule of law to the

30  contrary, with the Federal Government, a county, a

31  municipality, an agency, or another public body respecting

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 1  action to be taken pursuant to any of the powers granted by

 2  this part, including the furnishing of funds or other

 3  assistance in connection with community redevelopment and

 4  related activities.

 5         (f)  Cause public buildings and public facilities,

 6  including parks, playgrounds, recreational, community,

 7  educational, water, sewer, or drainage facilities, or any

 8  other works which it is otherwise empowered to undertake to be

 9  furnished; furnish, dedicate, close, vacate, pave, install,

10  grade, regrade, plan, or replan streets, roads, sidewalks,

11  ways, or other places; plan or replan or zone or rezone any

12  part of the public body or make exceptions from building

13  regulations; and cause administrative and other services to be

14  furnished to the county, or municipality, or agency.

15  

16  If at any time title to or possession of any property in a

17  community redevelopment area is held by any public body or

18  governmental agency, other than the county, or municipality,

19  or agency, but including any agency or instrumentality of the

20  United States, which is authorized by law to engage in the

21  undertaking, carrying out, or administration of community

22  redevelopment and related activities, the provisions of the

23  agreements referred to in this section shall inure to the

24  benefit of and may be enforced by such public body or

25  governmental agency. As used in this subsection, the term

26  "county or municipality" also includes a community

27  redevelopment agency.

28         (3)  For the purpose of aiding in the planning,

29  undertaking, or carrying out of any community redevelopment

30  and related activities of a community redevelopment agency or

31  a housing authority hereunder, any public body county or

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 1  municipality may, in addition to its other powers and upon

 2  such terms, with or without consideration, as it determines,

 3  do and perform any or all of the actions or things which, by

 4  the provisions of subsection (1), a public body is authorized

 5  to do or perform, including the furnishing of financial and

 6  other assistance.

 7         (4)  For the purposes of this section, or for the

 8  purpose of aiding in the planning, undertaking, or carrying

 9  out of community redevelopment and related activities of a

10  county, or municipality, or agency, any such county or

11  municipality may, in addition to any authority to issue bonds

12  pursuant to s. 163.385, issue and sell its general obligation

13  bonds. Any bonds issued by the county or municipality pursuant

14  to this subsection section shall be issued in the manner and

15  within the limitations prescribed by the applicable laws of

16  this state for the issuance and authorization of general

17  obligation bonds by such county or municipality.  Nothing in

18  this section shall limit or otherwise adversely affect any

19  other section of this part.

20         Section 20.  Section 163.410, Florida Statutes, is

21  amended to read:

22         163.410  Exercise of powers in counties described in s.

23  125.011(1) with home rule charters.--In any county described

24  in s. 125.011(1) which has adopted a home rule charter, the

25  powers conferred by this part shall be exercised exclusively

26  by the governing body of such county. However, the governing

27  body of any such county which has adopted a home rule charter

28  may, in its discretion, by resolution delegate the exercise of

29  the powers conferred upon the county by this part within the

30  boundaries of a municipality to the governing body of such a

31  municipality. Such a delegation to a municipality shall confer

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 1  only such powers upon a municipality as shall be specifically

 2  enumerated in the delegating resolution. Any power not

 3  specifically delegated shall be reserved exclusively to the

 4  governing body of the county. This section does not affect or

 5  apply to any community redevelopment agency created by a

 6  municipality prior to the adoption of a county home rule

 7  charter or to the municipality that created the agency. Unless

 8  otherwise provided by an existing ordinance, resolution, or

 9  interlocal agreement between any such county and a

10  municipality, the governing body of the county that has

11  adopted a home rule charter shall act on any request from a

12  municipality for a delegation of powers or a change in an

13  existing delegation of powers within 120 days after the

14  receipt of all required documentation or such request shall be

15  immediately sent to the governing body of the county for

16  consideration.

17         Section 21.  Section 163.415, Florida Statutes, is

18  amended to read:

19         163.415  Exercise of powers by in counties within

20  municipalities without home rule charters.--The powers

21  conferred by this part upon counties not having adopted a home

22  rule charter shall not be exercised within the boundaries of a

23  municipality within said county unless the governing body of

24  the municipality expresses its consent by resolution.  Such a

25  resolution consenting to the exercise of the powers conferred

26  upon counties by this part shall specifically enumerate the

27  powers to be exercised by the county within the boundaries of

28  the municipality. Any power not specifically enumerated in

29  such a resolution of consent shall be exercised exclusively by

30  the municipality within its boundaries.

31  

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 1         Section 22.  This act shall take effect October 1,

 2  2006.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Extensively revises various provisions of the Community
      Redevelopment Act of 1969, including provisions governing
 7    the creation of a community redevelopment agency by a
      county or a municipality; the operation, duties, and
 8    funding of a redevelopment agency; the powers and duties
      of a county, municipality, or redevelopment agency
 9    concerning community redevelopment; the adoption or
      modification, contents, and implementation of a community
10    redevelopment plan, the disposition or use of property
      acquired for community redevelopment; the establishment
11    of a redevelopment trust fund and the annual contribution
      of tax increment revenues to such a fund; the use and
12    auditing of tax increment revenues; the exemption for the
      property of a county or municipality from levy or sale
13    pursuant to certain claims; for property acquired or held
      by a county, municipality, or special district for
14    community redevelopment purposes, exemption from taxation
      by the county or municipality; the purposes for which a
15    county or municipality may issue a general obligation
      bond; the prerequisites to the exercise of powers by a
16    county or a redevelopment agency created by a county
      within a municipality; and the delegation of powers to a
17    municipality by certain charter counties. (See bill for
      details.)
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

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29  

30  

31  

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